IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


// 


1.0 


I.I 


L;|28     12.5 

[50     *^*        !■■ 

1^    12.2 


va 


1^ 

1^ 


20 

1.8 


L25  11.4   111.6 


V] 


(^ 


Z^' 


7: 


V 


y 


/A 


PhotogTBpliic 

Sciences 

Corporation 


'i3  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  tachniquet  at  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 

Covers  restored  and/or  laminated/ 
Couverture  restaurAe  et/ou  pellicul6e 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  gicgraphiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Reli4  avec  d'autres  documents 


r71    Tight  binding  may  cause  shadows  or  distortion 


along  interior  margin/ 

La  reliure  serr6e  peut  causer  de  I'ombre  ou  de  la 

distortion  le  long  de  la  marge  int6rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouttes 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  ceia  itait  possible,  ces  pages  n'ont 
pas  6t6  filmies. 

Additional  comments:/ 
Commentaires  suppl6mentaires: 


L'lnstitut  a  microfMrnA  le  meilleur  exemplaire 
qu'il  lui  a  AtA  possible  da  se  procurer.  Les  ddtails 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m4ttu>de  normale  de  filmage 
sont  indiqute  d-dessous. 


I      I    Coloured  pages/ 


D 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommagAes 


□    Pages  restored  Mid/or  laminated/ 
Pages  restaurtos  et/ou  pellicul6es 


Pages  discdourad,  stained  or  foxed/ 
Pages  dteolortos,  tacheties  ou  piquies 


I      I    Pages  detached/ 


Pages  ditachtes 

Showthrough/ 
Transparence 

Quality  of  prir 

Qualiti  inigale  de  I'impression 

Includes  supplementary  materii 
Comprend  du  matAriel  supplAmentaire 

Only  edition  available/ 
Seule  Mition  dnponible 


I      I    Quality  of  print  varies/ 

I      I    Includes  supplementary  material/ 

I      I    Only  edition  available/ 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  M  fiim4es  A  nouveau  de  fapon  h 
obtenir  la  meiNaure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmA  au  taux  de  reduction  indiquA  ci-dessous. 


10X 


14X 


18X 


22X 


2SX 


30X 


V 


12X 


16X 


20X 


24X 


28X 


32X 


■^ 


Tha  copy  filmed  h«r«  ha*  baan  raproducad  thanks 
to  tha  ganarosity  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Tha  imaoaa  appearing  hara  ara  tha  bast  quality 
poasibia  considaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contiact  apacifications. 


Original  copiat  in  printad  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printad  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printad  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  tha  symbol  — ♦•  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  film*  fut  reproduit  grAce  A  la 
gAnAroait*  da: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Lea  images  suivantas  ont  AtA  raproduites  avac  le 
plus  grand  soin,  compta  tenu  de  la  condition  at 
da  la  nattet*  da  I'exemplaire  film*,  et  en 
conformit*  avac  las  conditions  du  contrat  da 
filmaga. 

Lea  exemplaires  originaux  dont  la  couvarture  en 
papier  est  imprim*e  sont  film*s  en  commenqant 
par  la  premier  plat  et  en  terminant  soit  par  la 
derni*re  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  la  second 
plat,  salon  le  cas.  Tous  las  autres  exemplaires 
originaux  sont  film*s  en  commandant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derni*re  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
derni*re  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  -h»«  signifie  "A  SUIVRE",  la 
symbola  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film*s  *  des  taux  da  reduction  diff*rents. 
Lorsque  le  document  est  trop  grand  pour  dtra 
reproduit  en  un  seul  clich*.  il  est  film*  *  partir 
de  I'angle  sup*rieur  gauche,  de  gauche  *  droite. 
et  de  haut  en  bas.  en  prenant  le  nombre 
d'images  n*cessaire.  Les  diagrammes  suivants 
illustrent  la  m*thode. 


1 

2 

3 

4 

5 

6 

lif 


*.  ■- 


SPEECH 

OP 


MR.  EWING,  OF  TENNESSEE, 


ON 


THE  OKEGON  QUESTION. 


Delivered  171  the  House  of  Representatives,  U.  S.,  January  29,  1846. 


The  House  having  under  consideration  the  joint  resolution  reported  by  the  Committee  on 
iForeign  Affairs,  directing  the  President  to  ^ivc  notice  to  Great  Britain  that  the  United  States 
l-will  terminate  the  convention  between  the  two  Governments,  providing  for  the  joint  occupation 
af  the  Oregon  territory,  at  tlie  expiration  of  twelve  months — 

Mr.  EWING,  of  Tennesse,  obtained  the  Hoor,  and  saicl — 

Mr.  CuAiRMAx;  This  is  a  glorious  consult  of  a  great  nation,  where  the 
[hof.r  rule  operates  hive  a  shackle-i)olt  on  a  man's  hps;  where,  upon  a  ques- 
Ition  of  peace  or  war,  time  is  doled  oi!f.  to  one   by  drachms  and  scruples;* 
■where,  if  a  speaker  attempt  to  read  an  authorit)',  he  must  close  his  book  at 
j the  first  sentence  for  fear  that  he  will  diminish  his  little  span.     But,  sir,  I 
jam  losing  my  time  while  I  am  even  thus  talking  about  it.     I  must  proceed. 
If  any  one  expects  from  me  rhetorical  flourishes,  or  splendid  acclamation, 
)r  soul-stirring  oratory,  he  will  assuredly  be  mistaken,  (if  perchance  any 
[one  expect  any  thing  from  me.)     These  things  I  could  not  give  if  I  would, 
[{be  this  my  apology,)  and,  with  all  due  deference  to  others,  1  would  not  if  I 
could.     From  thoLC,  however,  who  are  willing  to  hear  wliat  a  plain  man 
may  say ,  in  a  plain  way,  on  the  serious  question  before  the  House,  I  shall 
jbe  gratified  by  attention.     The  question,  indeed,  I  apprehend,  is  one  rather 
[of  logic,  at  least  of  speculation,  than  of  rhetoric;  one  for  argument  rather 
than  declamation.     What,  then,  is  the  question  ?     It  arises  upon   the  reso- 
[lution  reported  by  the  chairman  of  the  Coinunttce  on    Foreign  Relations, 
requiring  the  President  to  give  the  notice  stipulated   for  ..i  the  convention 
jetween  our  Government  and  Great  Britain  in  regard  to  the  Oregon  territory 
jf  1826-'7;  the  efi'ect  of  which  woidd  be  to  put  an  end  to  the  agreement 
[Tor  the  -.oint  occupation  of  that  territory.     I  say,  sir,  joint  occupation,  not- 
withstanding the  authority  of  the  gendeman  from  Pennsylvania,  (Mr.  C.J. 
Engeksoll.)  and  the  authority  of  the  venerable  gentleman  from  Massachu- 
setts, (Mr.  Adams,)  to  the  contrary.     I  say  this,  however,  not  in  a  spirit  of 
|llefiance,  nor  yet  in  a  spirit  of  hypercriticism,  but  because  I  believe  there  is 
-«ome  substance  hidden  under  these  conventional   terms,  and  that  they  are 
not,  as  Thomas  Carlvle  would  say,  a  mere  formula.     To  show  this  will  be 
iipart  of  my  business  hereafter.  • 

,i    The  propriety  of  this  notice,  then,  depends  upon  its  effects;   and  its  ef- 
fects depend  upon  the  present  state  of  the  relations  between  this  countrji 
md  Great  Britain  in  regard  to  this  Oregon  territory.     To  determine  whether 
|lhe  giving  of  this  notice  is  to  pioduce  war  or  to  leave  us  peace,  it  is  neces- 
iry  to  know  what  these  relations  are.     I  should  have  been  glad,  before  ad- 


J.  Ii  0.  S.  Qideon,  Ptinlen. 


J  \H} 


'J<: 


dressing  the  House  on  this  matter,  to  have  heard  fiom  the  British  Ministry; 
for  nothing  really  in  point  is  to  be  derived  on  the  subject  from  the  tone  of 
the  British  newspapers.  I  care  httle,  however,  for  this,  if  wc  have  been 
dealt  fairly  with  by  the  President  in  his  annual  message.  If  wc  have  not 
the  truth  in  the  message — if  any  thing  is  concealed,  so  that  a  false  impres- 
sion is  conveyed ,  let  the  ignominy  lie  willi  the  President  and  hif  advisers,  of 
having  played  a  fraudulent  game  with  the  People  and  their  Representatives. 
The  President,  it  is  true,  is  not  bound,  under  all  circumstances,  to  make 
full  developments  on  our  foreign  relations  in  his  conununication  to  Con- 
gress; but  he  is  bound,  under  all  circumstances,  not  to  communicate  false 
information,  either  expressly  or  impliedly.  I  will  do  the  President  the  jus- 
tice to  say  that,  in  the  present  case,  I  believe  he  has  not  suppressed  any 
thing  material  to  a  fair  imdcrstandingof  the  position  in  which  we  stand,  now 
that  we  are  called  on  to  gi.e  this  notice. 

The  effect  of  this  notice,  then,  under  the  circumstances  developed ,  and 
the  pre-existing  circumstances  in  this  case,  will,  in  my  opinion,  be  war. 
The  notice  I  mean  is  that  required  by  this  resolution — this  brief,  curt,  A;i/s- 
qxie,  unmitigated  resolution,  without  preamble  and  without  proviso.  I  have 
no  reference  now  to  the  various  diluting  propositions  and  honied  addenda 
which  have  been  offered  by  way  of  amendment  to  the  original  report.  The 
direct  tendency  of  this  measure,  I  repeat,  is  to  produce  war;  nor  am  I  to  be 
,  deterred  from  asserting  this  position  by  any  open  sneers  or  affected  scorn  to- 
wards those  who  are  charged  with  attempting  to  raise  «  war-cry  or  create  a 
panic.  Suppose,  though,  I  should  prove  that  such  is  the  tendency  of  the 
measure;  that  it  would  be  likely  to  produce  war,  and  a  war  in  its  character 
immitigable  and  internecine,  I  should  then  have  done  little  in  the  eyes  of 
the  young,  the  enthusiastic,  the  impetuous;  but  there  are  in  this  Housemen 
of  gray  heads,  and  calculating  minds,  and  sober  hearts,  who  have  seen  wai,. 
and  have  experienced  its  effects,  and  with  them  I  think  I  should  have  donu 
much.  What  is  war? — this  small  word  of  three  letters,  which  is  taken  into 
and  thrown  out  of  the  mouths  of  gentlemen  as  glibly,  and  with  as  nmch  in- 
difl'erence ,  as  if  it  were  a  cherry  or  a  plum?  It  is  a  state  in  which  the  par- 
ties to  it,  whether  individuals  or  communities,  seek  to  inflict  on  each  other ,^ 
to  the  utmost  extent  of  their  power,  pain,  injury,  insult,  disaster,  shame, 
ruin .  Yet  this  war  is  regarded  by  some  of  the  more  generous  and  magnani- 
mous spirits  of  this  House  as  a  mere  splendid  pageant.  I  know  myself, sir, 
that  it  is  a  gay  and  gallant  sight  to  witness  the  imister  of  soldiers,  the  wav- 
ing  of  banners,  the  mingling  of  embattled  squadrons — to  seethe  gUttering 
sword  and  the  flashing  bayonet;  that  it  is  soul-stirring  to  hear  the  loud  blare 
of  the  trumpet,  and  the  louder  roar  of  artillery;  and  that,  in  the  midst  of  all 
this,  it  is  easy  to  forget  the  groans  and  the  agonies  of  the  down-trodden 
thousands,  the  melancholy  relics  of  a  disastrous  fight,  the  feeble  moan  of 
the  wounded,  despondent,  and  deserted  soldier,  the  cold  damps  of  the  wintry 
camp,  the  long  starving  of  the  siege,  the  helpless  despair  of  the  fetid  hos- 
pital . 

And,  if  war  Joes  come,  who  are  they  that  are  to  wage  it  ?  The  United 
States  of  Anierica  and  the  United  Kingdom  of  Great  Britain  and  Ireland. 
^It  will  he  no  chiUrs  play;  it  will  be  no  holyday  conflict.  It  will  be  a  war 
of  giants.  It  will  be  foi\ght  with  arms  of  iron  and  nerves  of  steel.  It  will 
be  a  brave  passase  of  arms.  Who  shall  enclose  the  lists?  who  shall  build 
the  barriers  ?  The  world  will  be  t-jo  small  to  afford  space  for  the  combat- 
ants; the  heavens  too  low  to  confine  the  roar  of  the  dread  encounter. 

And ,  if  this  war  does  come ,  neither  braggadocio  or  gasconade ,  nor  affect- 
ed contempt,  nor  loud  and  enthusiastic  declamation,  can  affect^  in  the  slight- 


est  dcgrc 

dier,  nor 

looming 

and  read 

energies, 

But,  8 

;  to  speak 

I  least  bet\ 

i  I  know  t 

!   they  can 

the  stron 

,   fore  they 

)   and  they 

'   never  be 

and  happ 

its  renow 

might  ha 

emergen( 

cations,  a 

this  preps 

These 

notice  to 

;  wards  the 

called  Or^ 

did  not  at 

rican  terri 

;  England 

,  an  indepe; 

with  its  ev 

i  and  in  IT! 

:  its  domini( 

\  kept  up  aa 

t  Oregon. 

)  ministers  ( 

[  by  their  gi 

nation.     ''. 

mo.^t  solen 

,  with  Spaii 

her  claim, 

iject  that  it 

»joint  occuj 

,ent  with  o 

iof  substunt 

;by  a  partia 

;  licenses  to 

I  the  Hudso 

I  been  also  1 

I  between  tl; 

of  view ,  ai 

rapacity  an 

ihvj  earth  v 

he  value  ( 

hole  of  tl 

ipon  our  [ 


'3 


ah  Ministry; 
I  the  tone  of 
3  have  been 
we  have  not 
false  impres- 
advisers,  of 
resentalives. 
es,  to  make 
ion  to  Con- 
inicatc  false 
lent  the  jus- 
ipressed  any 
e  stand ,  now 


est  degree,  the  deep-rooted  strength  of  Britain.    They  will  not  slay  one  sol- 
dier, nor  sink' one  ship,  nor  spike  one  gun;  but  Britain  will  still  stand  there, 
looming  up  in  the  North  ocean,  stern  and  grim,  lowering  on  all  her  foes, 
and  ready  for  the  shock  with  all  her  formidable;  organized,  and  concentred 
energies. 
But,  sir,  I  have  been  led  away  from  the  point,  and  I  will  not  stop  now 
,  to  speak  of  our  want  of  preparation,  and  of  the  probable  result  at  first,  at 
■I  least  between  the  organized  force  of  Britain  and  our  own  inorganic  means. 
i  I  know  that  republics  can  never  be  fully  prepared  for  war  when  it  comes; 
1   they  can  keep  no  standing  arniiei?  nor  full  milit.iry  equipments.     So  much 
the  stronger,  then,  the  reason  why  they  should  deliberate  long  ond  well  be- 
;   fore  they  appeal  to  this  vltima  ratio  regum,.    Republics  may  have  wars, 
•    and  they  must  sometimes,  but  certainly  they  should  be  a  dernier  resort,  and 
never  be  commenced  for  mere  purposes  of  aggrandizement.     The  safety 
(reloped,  and     and  happiness  of  a  republic  do  not  depend  upon  its  power,  or  its  wealth,  or 


ion,  be  war. 
f,  curt,  bi'us- 
'iso.  I  have 
lied  addenda 
report.  The 
>r  am  I  to  be 
;(ed  scorn  to- 
•y  or  create  a 
dency  of  the 
its  character 
the  eyes  of 


its  renowr*.     Some  prejMirat ion,  however,  we  might  have  made.     A  navy 


might  have  been  prepared  somewhat  proportioned  to  the  magnitude  of  the 
emergency;  connon  and  muskets,  and  powder  and  camp  ejjuipage,  fortifi- 
cations, and  at  least  a  complete  skeleton  of  an  army.  We  have  none  of 
this  preparation. 

These  things  by  the  way;  now  to  the  question.     Is  it  the  tendency  of  this 
notice  to  produce  war.     How  stands  the  case  ?    There  lies  up  here  away  to- 
wards the  arctic  circle,  a  region  which  has  in  these  latter  days  come  to  be 
called  Oregon.     For  three  hundred  years  after  the  discovery  of  America  it 
did  not  attract  the  attention  of  civilized  nations.     Spain  owned  a  rich  Ame- 
rican territory  in  a  more  genial  clime,  and  neglected  at  least  its  occupation; 
England  had  not  yet  subdued  or  colonized  its  Indian  empire;  and  we,  as 
an  independent  people,  were  still  in  the  womb  of  time.     Time,  however, 
with  its  ever-varying  interests,  at  last  suggested  the  value  of  the  country, 
and  in  1789  a  collision  first  takes  place  between  England  and  Spain  as  to 
its  dominion.     Since  that  time,  now  nearly  fifty  years,  ago,  England  has 
kept  up  a  continued  claim,  and  jias  ever  urged  that  slie  possessed  rightj?  in 
1  each  other ,^  I  Oregon.     These  rights  have  been  urged  not  by  diplomatists  alone,  but  by 
ister,  shame,  5  ministers  of  state,  by  historians,  by  philosophers,  by  the  public  newspapers, 
nd  magnani-  ;  by  iheir  great  periodical  journals,  which  form  all  but  a  fourth  estate  in  that 
vmy8elf,sir,    nation.     This  has  been  done,  too,  in  the  face  of  all  Europe,  with  the  ut- 
2rs,  the  wav'    mo.^t  solemnity  and  deliberation ,  and  at  the  imminent  hazard  even  of  a  war 
he  gUltering  ,  with  Spain.     It  is  not  material  now  to  inquire  what  has  been  the  extent  of 
\e  loud  blare  Iher  claim,  nor  what  may  be  its  validity;  it  is  sufficient  for  my  present  ob- 
5  midst  of  all  Iject  that  it  is  a  claim,  and  that  that  claim,  whether  of  a  rigiit  of  settlement, 
own-trodden  »joint  occupation,  fishery,  free  navigation,  or  whatever  else,  is  one  inconsist- 
ble  moan  of  ,enl  with  our  exclusive  right  to  the  whole  territory,  and  that  it  is  one  deemed 
of  the  wintry  jof  substantial  interest  to  Cireat  Britain.     This  claim  has  been  followed  up 
le  fetid  hos-  jby  a  partial  settlement  of  the  coimtry,  by  the  establishment  of  a  system  of 
'licenses  to  trade  with  the  natives,  and  by  an  extensive  grant  of  privileges  to 
The  United  ^the  Hudson  Bay  Fur  Company.     The  country  itself,  or  a  portion  of  it,  has 
and  Ireland.  |been  also  looked  to  now  for  a  great  length  of  time  as  the  connecting  link 
between  the  Canadasand  Indies,  both  in  a  commercial  and  a  military  point 


3  House  men 
ve  seen  wai ; 
il  have  done 
is  taken  into 
as  nmch  in- 
lioh  the  par- 


vill  be  a  war 
eel.  It  will 
o  shall  build 
the  combat- 
nter. 

nor  aflect- 
in  theslight- 


of  view,  and  it  is  (if  gentlemen  jtlease  who  charge  England  with  so  much 

rapacity  and  gnisping  ambition)  part  of  that  line  upon  which  she  is  girdling 

tho  earth  widi  lier  fortresses.     All  these  considerations  tend  only  to  enhance 

he  value  of  the  territory  in  the  eyes  of  Great  Britain.     Tliis  territory,  the 

hole  of  this  territory,  and  all  right  issuing  out  of  it,  she  is  expected  to  yield 

n  our  putting  an  end  10  the  convention  of  lS2d,  and  the  declaration  that 


I 


the  American  title  is  clear  and  unquestionable.  To  see,  then,  how  far  this 
is  probable,  let  us  examine  what  dispositions  she  has  shown  upon  this  sub- 
ject heretofore,  and  into  what  position  we  have  brought  our  relations  with 
her  on  it  now.  In  1S18,  then,  by  the  convention  between  the  United  States 
and  Great  Britain  of  that  date,  it  was  agreed  that  the  territory  should  remain 
open  to  the  citizens  and  subjects  of  either  country  for  the  space  of  ten  years: 
the  words  used  are,  "the  country,"  "its  harbors,  bays,*' &c.,  "shall  be 
free  and  open"  "to  the  vessels,  citizens,  and  subjects  of  the  two  Powers," 
giving  to  either  party  the  right,  as  I  apprehend,  to  occupy&ny  portion  of  the 
region  not  in  the  actual  possession  of  the  other.  This,  as  I  believe, justifies 
the  use  of  the  terms  joint  occupancy  and  joint  occupation  in  reference  to  this 
treaty.  At  the  time  referred  to  so  earnest  and  solemn  was  the  claim  of  Great 
Britain  to  the  existence  of  rights  in  the  territory,  that  it  was  thought  expedi- 
ent by  our  Government  (then  represented  by  one  of  her  ablest  negotiators, 
Mr.  Gallatin,)  not  to  press  a  sudden  determination  of  the  question  of  tide, 
but  on  the  contrary  to  agree  to  a  suspension  of  that  question ,  and  to  a  sus- 
pension of  any  exclusive  rights  for  the  term  of  ten  years,  with  the  conse- 
quences and  dangers  attached  to  the  right  of  joint  occupation  for  that  time. 
Among  these  consequences  were  a  strong  probability  that  England  would 
get  possession  of  favored  portions  of  the  territory,  and  that  her  trading  inter- 
ests, especially  that  of  the  Hudson  Bay  Company,  would  become  so  far 
identified  with  the  country  as  to  make  it  still  more  difllicult  to  settle  the  ques- 
tion at  a  future  day.  Yet  so  determined  was  the  assertion  of  the  English 
claim ,  that  these  hazards  were  incurred  in  preference  to  those  of  a  precipitate 
disregard  of  what  England  called  her  rights.  I  will  not  say  that  this  con- 
vention was  a  substitute  for  war  then,  but  it  was  the  highest  evidence  of  the 
difficulties  that  surrounded  the  case,  and  of  the  apprehension  of  greater  dan- 
gers, unless  the  questions  in  debate  should  be  adjourned  upon  some  definite 
understanding. 

Again,  in  1826,  shortly  before  the  expiration  of  the  time  limited  in  this 
first  convention ,  this  matter  is  agitated  anew  between  the  two  countries, 
(Mr.  Gallatin  being  again  our  negotiator,)  and  the  result  was  a  renewal  of 
the  convention  of  1818  for  an  indefinite  period  thereafter.  And  why  was 
this?  Had  England  abated  in  her  demands?  Was  she  less  confident  of 
her  rights?  Was  she  less  resolute  in  their  maintenance?  Was  there  any  bet- 
ter hope  froni  an  abrupt  termination  of  the  treaty?  At  all  events,  our  Gov- 
ernment then  thought  England  sufficiently  earnest  in  her  claims  not  to  dis- 
regard them ,  and  not  to  urge  a  prompt  or  speedy  settlement  of  the  questions 
at  issue.  These  were  days  too,  sir,  of  comparative  calm  and  quiet,  when 
there  were  no  other  disturbing  influences  operating  upon  the  two  countries 
— when  there  were  no  wars,  nor  rumors  of  wars,  in  the  surrounding  coun- 
tries— when  there  had  been  no  angry  declarations,  no  proud  assumptions, 
no  presumptuous  or  dictatorial  conduct,  thrown  out  or  exercised  towards 
our  opponent;  when  she  wa?  -.ot  so  deeply  pledged,  so  solemnly  implicated 
before  Europe  and  the  world  as  she  is  at  present,  for  the  sustenlation  of  her 
claim. 

Matters  remained  thus  until  1843,  (a  bill  having,  in  the  mean  time,  in  1829, 
been  rejected  in  Congress  to  extend  our  jurisdiction  over  the  territory,)  when 
a  bill  was  brought  forward  in  the  Senate  of  the  United  States,  proposing, 
among  other  things,  to  guaranty  to  American  occupants  in  the  territory  a 
right  to  the  lands  upon  which  they  might  have  settled.  This  measure 
failed,  it  is  true.  But  how  was  it  met  in  the  British  Parliament?  Bv  the 
most  angry  denunciation ,  and  by  the  most  solemn  protests  from  all  the 
leading  men  in  the  House  of  Lords  j  and  it  was  met  by  Sir  Robert  Peel 


alone  witl 

about  to  I 

United  Si 

Houses  01 

Britain,  o 

any  part  < 

This  bi 

the  preser 

conduct  I 

ibaie  rises 

Jdeclaratioi 

jparty  com 

linquire. 

chair  than 

lin  dispute 

difficulties 

•    Thisde 

authority, 

^han  it  is 

ll^eople,  ir 

^deliberate 

•'England 

jwas  much 

^ion  on  th 

for  its  setd 

|s  known  i 

Sion  was  n 
)ropositioi: 
xultation 
iounter-pr 
fcepted ,  wr 
1)1  ean  time 
piplonialisi 
idherence 
^ountry. 

Now,  I 
luences  ar 
ion  of  titi 
on-resista 
the  argi 
e  iniquit; 
g  But  the 
#nt  Congi 
Tforld  a  hii 
Britain  ant 
\thich  the 
tihat  the  no 
♦i  shall  hav 
I  either  be 
Jed  vvillioi 
*|iulinit  of 
ndecl  ovei 
the  end 
anted  to  i 


bow  far  this 
pon  this  sub- 
elations  witli 
United  States 
liould  remain 
1  of  ten  years: 


alone  with  }iis  usual  quiet  equanimity,  because,  as  he  said ,  negotiations  were 
about  to  be  instituted  on  the  subject  at  the  instance  of  the  President  of  the 
United  States,  and  that  lie  would  veto  the  bill,  even  if  it  should  pass  both 
Houses  of  the  Legislature.  Is  there  yet  any  flii.ching  on  the  part  of  Great 
Britain,  or  any  evidence  of  abandonment,  or  of  a  disposition  to  abandon 
bnv  part  of  her  claim?    If  there  be,  I  am  unable  to  perceive  it. 

This  brings  us  to  the  point  where  the  subject  of  Oregon  was  taken  up  by 


shall  be   the  present  Chief  Magistrate  of  the  United  States.     And  in  regard  to 


his 
wo  Powers  "  '*"°"*^"'''*'  ^  '**^®  nothing  to  say  in  a  parly  point  of  view;  the  question  in  de- 
nortion  of  the  P^^*^  "^''^  ^'"^  above  all  party  considerations.  How  far  his  conduct  and  his 
lieve  iustifies    d6<^'»'"ations  in  regard  tothe  Oregon  territory  may  have  been  the  effect  of  a 


party  committal  by  the  Baltimore  Convention,  I  shall  certainly  not  stop  to 
inquire. 


■laimof  Treat  ''"H""'®*  ^"^'  ^'''' "'  '^  certain  that  he  no  sooner  occupies  the  Presidential 
Miffht  exnedi-  j^'^'*''^  *^*"  ^^^  makes  that  celebrated  declaration,  that  our  tide  to  the  country 
't  net^otiators    r"  Ji^pule  is  clear  and  unquestionable — the  prolific  parent  of  all  our  present 

fstion  of  title'   *^'^*^"'^'^^' 

and  to  a  sus-  This  declaration,  made  in  so  solemn  a  manner,  coming  from  such  high 
I  ,1  gonse-  ""^^'ority,  taking  such  high  ground,  is  no  sooner  wafted  across  the  oceaa, 
for  that  time  ^^^"  ''  '^  '"^'  ^^  ""  parties,  Government,  Opposition,  Newspapers,  and 
idand  would  ^^<^opIe,  in  the  same  spirit  of  prompt  and  settled  indignation.  Even  the 
trading  inter-  *^^'''^*'"'^^^  Premier,  roused  from  his  usual  caution,  is  iieard  to  declare,  that 
ecome  so  far  "^"ffl""^^  has  rights  in  Oregon,  and  tliat  they  must  be  maintained."  This 
I Htle  the  ones-  ^^^^  i"»<^h  from  Sir  Robert  Peel.  It  is  seen  now  tiiai  the  danger  of  colli- 
f  the  Entrlish  ^'*^"^  '^'^  ''^"^  point  has  become  imminent,  and  another  etlbrt  is  to  be  made 
fa  nreciiMtate  '*"^  '*^  settlement.  A  diplomatic  special  mission  is  the  consequence.  This 
that  this  con-  ^^  known  to  the  world,  and  the  world  is  looking  on  for  results.  A  proposi- 
i^idence  of  the  ^^^^  '^^^  made  by  the  British  negotiator  as  a  projet  of  compromise.  This 
f  ffreater  dan-  |""*'po^ition,  we  are  told  by  the  President,  (and  I  must  think  with  a  tone  of 
ome  definite  ^^"^ation,  if  not  of  scorn,)  "was  rejected  on  the  day  it  was  made."  A 
iounter-proposition  is  made  by  the  American  negotiator,  and,  not  being  ac- 
cepted, was,  by  the  President's  direction,  promptly  withdrawn.  In  the 
iiean  time  a  long  argument  takes  place  between  the  British  and  American 
iplomalists  In  regard  to  the  title,  which  results  in  nothing,  except  the  firm 
dherence  of  each  party  to  the  full  claim  of  his  nation  in  the  disputed 
ountry. 
Now,  I  would  ask  gentlemen  who  seem  so  confident  that  no  evil  conse- 
uences  are  to  result  from  such  extreme  measures  on  our  part  in  the  asser- 
on  of  title,  what  there  is  m  all  these  circumstances  to  justify  a  belief  in 
on-rcsistance  on  the  part  of  Great  Britain  ?  Has  she  at  last  been  convinced 
the  arguments  of  our  Secretary  of  State?  Are  her  eyes  now  opened  to 
e  iniquity  of  all  her  previous  claims? 

undinff  coun- 1  ^"'  ^^^  ^^^^  ^^^^  "*^'  ^"'^  ''^"'*    '^'^^  '""^  '*""  ^'^®  meeting  of  the  pre^ 
assumntions  "^"^  Congress  rolls  round,  and  the  President  gives  to  Congress  and  to  the 
cised  towards  ^^!'^  ^  history  of  these  diplomatic  transactions,  and,  in  the  face  of  Great 
ilv  imnlicated  ^"^*'"  ^"'^  ^'^®  world,  he  declares  "that.  In  his  opinion,  no  compromise 
niaiion  of  her  ^'"ch  the  United  States  ought  to  accept  can  be  effected .     He  recommends 
Oiat  the  notice  be  given,  and  says  that,  "at  the  end  of  the  year's  notice,  we 
*|  shall  have  reached  a  period  when  the  national  rights  in  Oregon  must 
'  either  be  abandoned  or  tiniily  lunintalncd.     That  they  cannot  be  abandon- 
ed without  a  sacrifice  of  both  national  honor  and  Interest,  is  too  clear  to 
admit  of  a  doubt."     He  I'uither  recommends  that  out  jurisdiction  be  ex- 
uded over  the  territory,  so  far  as  our  own  citizens  are  concerned ,  previously 
the  end  of  the  year's  notice,  and  at  the  end  of  the  year  that  lands  bQ 
anted  to  our  settlers. 


mited  in  this 

wo  countries, 

a  renewal  of 

/Vnd  why  was 

confident  of 
here  any  bet- 
nt8,our  Gov- 
ms  not  to  dis- 
the  questions 

quiet,  when 
two  countries 


time, in  1 829, ( 
rritory,)when^ 
es,  proposing, ^ 
le  territory  a. 
This  measure, 
ent?  Bv  the] 
from  all  thai 
Robert  Peel 


e* 


i 


Tliese  diploninlic  transactions,  and  these  declarations  and  recommenda- 
tions of  the  President,  are  now  before  the  Urili^h  Ministry  and  the  British 
Parliament.  From  tlieni  we  liave  us  yet  heard  nothing.  From  the  pubhc 
press  of  Great  Britain  we  have  Iioard;  but  we  have  Jieard  nothing  njMjn 
wliicli  to  found  an  opinion.  Deductions,  it  is  true,  have  been  attempted; 
but  they  are  as  variant  as  the  wishes,  or  tlie  fears,  or  preconceived  opinions 
of  the  jmrties  who  have  ailempled  to  draw  iheiu. 

The  British  3Iinislry  and  the  British  Parhanient  will  soon  have  before 
them,  too,  the  debates,  the  assertions,  the  projiositions,  and  the  defiances  of 
this  and  the  other  branch  of  Congress. 

All  negotiation  is  now  closed,  and  on  our  side  it  will  certainly  not  be  re- 
newed. If  the  notice,  then,  be  given,  there  are  only  two  supposable  cases 
in  which  war  will  not  be  the  conse(|uence.  The  one  is,  that  Great  Britain 
ehall  ofl'er  to  renew  negotiations  with  a  more  favorable  proposition  on  her 
part;  and  the  other,  :hat  she  shall  quietly  and  tamely  recede  from  all  her 
previous  positions,  and  abandon  the  disputed  territory  to  our"  discretion. 
There  is  no  other  alternative.     But  the  President  has  told  us  that  our  op- 

{lonent  will  not  make  any  proposition  which  we  ought  to  accept;  and,  if 
le  be  right  in  this,  then  there  is  no  alternative,  and  to  preserve  peace  Great 
Britain  must  abandon  her  claim.     Leaving  out  of  view,  however,  the  opin- 
ion of  the  President,  I  ask  gentlemen,  will  Great  Britain,  tmder  the  circum- 
stances, volunteer  another  oiler?     If  she  do,  then  must  all  our  knowledge 
of  the  previous  history  of  her  Government  and  her  people  go  for  nothing. 
Let  us  review  a  little;  we  tell  them  that  our  title  to  all  Oregon  is  clear; 
that  we  will  no  longei  hold  jointly  with  them;  that  we  will,  at  the  year's 
end,  assume  plenary  jurisdiction;  that  we  vill  grant  lands;  that  we  will 
raise  oiu'  Hag,  and  allow  no  divided  empire,  and  that  we  will  firndy  main- 
tain our  claims.     What  are  we  to  expect?     Peace,  nothing  but  peace.    We 
will  have  no  war,  says  the  chairman  of  the  Connnitlee  on  Foreign  Rela- 
tions, (Mr.  C.J.  L\uEK.soLi,;)  we  will  have  no  war,  says  the  venerable 
gentleman  from  Massachusetts,  (Mr.  Adams.)     And  why?     Have  they  a 
bit  in  the  mouth  of  Britain?     Have  they  a  hook  in  the  nose  of  this  levia- 
than?    Have  they  secret  information  of  her  feelingd  and  designs?     Sir, 
when  this  notice  shall  be  given,  it  would  be  well,  in  my  opinion,  to  take 
out  a  peace  warrant  against  her  Majesty,  if  jierchance  we  may  find  any  ju- 
risdiction high  enough  and  strong  enough  to  hold  her  to  bail ,  or  to  conunit 
her  for  the  want  of  it.     What  will  the  '-Iron  Duke"  say?     What  will  the 
fiery  Palmerston  say?     What  will  the  dignified  but  resolute  Russell  say? 
What  will  all  the  congregated  nobility  and  wealth  and  pride  of  England 
say,  with  their  ancient  renown  in  arms,  and  their  obdurate  and  inllexible 
arrogance?     What  will  even  the  sturdy  middling  class,  who  are  proud  of 
their  country,  say?    Are  not  these  people  the  sons  of  our  fatl.\ers;     Have 
they  no  dignity?     Have  they  no  passions ?     Have  they  no  sense  of  honor 
and  of  its  requisitions?     Do  these  all  rest  with  us?     And  are  Wv".  the  peo- 
ple, and  will  wisdom  die  with  us?     England  dare  not,  if  she  would,  hesi- 
tate, or  vacillate,  or  retract.     Her  empire  stands  upon  the  prestige  of  her 
infallibility.     Her  late  AfFghan  war  was  unilerlaken  at  millions  of  exi)ense 
to  assert  this,  and  this  alone.     France  knows  the  history  of  this  transaction; 
Russia  is  no  uninterested  spectator  of  the  scene.     Will  England  dare,  in 
the  face  of  collected  Europe,  to  yield  to  the  threats  of  her  youthful  rival  ? 
Her  first  tremors  might  be  the  signal  of  her  final  overthrow.     Her  interest, 
properly  viewed  even  demands  from  her   inflexibility,     W^ould  England 
submit  to  this  treatment  at  the  hands  of  Fiance,  an  enemy  whom  she  has 
often  beaten;  and  to  whom  she  might  yield  something,  without  the  suspi- 


cion of  f 
while  cor 
arms.    1 

Jictorics, 
ley  are 
iinguisha 
l\'outd  rii: 
i|hc  starve 
|io  cowar 
Englai 
hiand  tha 
upon  her 
ample  for 
jing?    "Sh 
Jicr  custo 
lias  a  hig 
before  tlu 
It  is  sa 
Anat  it  is  1 
•which  it  i 
Ai  it.   No 
<"ause  to  t 
"which  shi 
cure  or  a 
jihe  questi 
vention,  I 
f /4'/<^  to  g 
lore,  is  lu 
|jc  done  n 
\vhedier  i 
is,  has  it  i 
inight  not 
JCan  we, 
kecommei 
{proper — ii 
Hice  is  to  I 
|nl818,^ 
^ens  setth 
grants  of 
|io  furthei 
tnakc  (ten 
^arded, 
Vill  then 
claim:  it 
^hall  we 
■we  stop  0 
there  to  v 
cession  if 
^ounsel  ti 
fhey  are  i 
4nendatio 
f   What, 
)ursue  th 
ished,  lai 


ecommcnda- 
I  the  Briiish 
in  the  public 
othing  iiiwii 
I  nttcinpied; 
ved  opinions 

have  before 
!  dclinncci  of 

ly  not  be  re- 
posal)!«»  cases 
Lireal  Britain 
ijtion  on  her 
from  all  her 
n"  discretion, 
that  our  op- 
cept;  and,  if 
J  peace  Great 
/er,  the  opin- 
r  the  cirrum- 
r  knowledge 
for  nothing, 
gon  is  clear; 
at  the  year's 
that  we  will 
firmly  nmin- 
l  peace .  We 
oreign  Rcla- 
le  venerable 
iave  tliey  a 
of  this  levia- 
esigns?  Sir, 
iiion,  to  take 

find  any  ju- 
or  to  commit 
Vhat  will  the 
Russell  say? 

of  England 
nd  inllcxible 
are  proud  of 
hers?  Have 
:nae  of  honor 
Wv"i  the  peo- 

would ,  hesi- 
estige  of  her 
IS  of  exj)en3e 
s  transaction; 

and  dare,  in 
uthful  rival  ? 
Her  interest, 

uld  England 

lioni  she  has 
lU  ihe  suspi- 


cion of  fear?  Look  at  her  past  history.  To  none  has  chf  ever  yicliled 
H'hilc  contest  was  possible.  From  ns  alone  has  dingrace  attached  to  her 
arms.  By  us  alone  has  her  banner  bei^n  stained.  Mew  Orleans,  our  naval 
Tictorics,  arc  not  forgotten;  nor  will  they  ever  be  forgulien  or  forgiven,  till 
tliey  are  washed  out  in  our  blood.  Her  feeling  towards  uh  is  that  of  inex- 
tinguishable hate.  If  she  were  left  to  indulge  these  feelings  alone,  she 
Voidd  rush  upon  us  as  readily  as  the  Mtircian  bull  upon  ihe  tauridor,  or 
ihc  starved  lion  of  the  ainphiiheatre  upon  the  naked  gladiator.  Britain  is 
fio  coward,  whatever  else  may  be  said  of  her. 

England,  (hough,  cannot  afford  to  indulge  her  temper;  her  interests  de- 
mand thai  she  shall  submit  to  whatever  indignity  we  may  choose  to  impose 
upon  her.  She  may  forget  her  interest  in  her  passions.  Has  she  not  ex- 
ample.for  it?  Do  our^nteresls  demand  the  war  that  we  are  so  raslily  ten)pt- 
jing?  She  buys  our  cotton,  and  cannot  spare  our  market?  Can  we  spare 
liter  custom  ?  Is  not  the  interest,  the  «lependance,  mulual  ?  But  England 
lias  a  higher  interest  in  this  question  than  her  cotton  market— her  standing 
before  the  civilized  world. 

It  is  said,  however,  that  (he  giving  of  this  notice  can  be  no  cause  for  war; 
itliat  it  is  merely  the  exercise  of  a  right  reserved  in  the  conveniion  luuler 
which  it  is  given,  and  that  England  will  have  no  just  cause  to  take  ofl'ence 
ial  it.   Now,  the  question  is  not,  as  I  think,  whether  England  will  have  just 
jt-ause  to  take  ofl'ence,  but  it  is,  will  she  take  ofl'ence?     It  is  the  manner  in 
>vhich  she  will  view  this  notice  that  determines  whether  it  is  a  jieace  mea- 
(Bure  or  a  war  measure.     Our  view  of  the  measure  is  not  at  all  material  to 
iithe  question  of  peace  or  war.     Certainly  we  have  the  right,  under  the  con- 
vention, by  which  I  mean  the  legal  power,  (o  give  the  notice.     But  is  it 
right  to  give  it  irrespective  of  iis consequences?  It  is  not  a  duly,  and,  there- 
lore,  is  not,  at  all  hazards,  required  at  our  hands.     It  is  a  thing  which  may 
\}C  done  now  or  hereafter,  according  to  the  demand  of  circumstances;  but 
^vhether  it  be  a  right  or  a  duty,  is  not  material  (o  (he  present  point ,  and  that 
^9,  has  it  a  war  tendency?   Simply  to  give  the  notice,  and  do  nothing  more, 
Inight  not  produce  war;  it  would  be  an  aflVont,  but  that  might  b«;  j)ocke(ed. 
|Can  we,  though,  give  the  notice,  and  C  •  nothing  more?     Do  not  the  other 
keconnnendations  of  the  President  follow  as  legitimate,  and  necessary,  and 
Iproper — nay,  as  inevitable?   If  no  compromise  can  be  effected ,  and  tlie  no- 
Sice  is  to  be  given,  what  will  then  be  our  position?     Far  worse  than  it  was 
|n  1818,  when  the  convention  was  first  entered  into.     Then  we  had  no  citi- 
zens settled  in  Oregon,  clamorous  for  a  government,  for  pioteciion,  and  for 
jgrants  of  land.     The  territory  niight  have  rested  in  its  ancient  solitude,  and 
|io  further  action  have  been  demanded.     But  now  there  are  those  who  will 
iiiake  demands  of  us,  and  demaiulK,  too,  which  cannot  be  evited  nor  disrc- 
l^arded.     What  v/ill  ';'*  onr  position  at  the  end  of  (he  year's  notice?  There 
Ivill  then  be  no  convention  to  bar  our  action.     The  world  has  heard  our 
claim:  it  is  that  of  the  eminent  domain,  the  exclusive  right  in  all  of  Oregon. 
^hall  we  not  grant  lands?     Who  is  there  to  gainsay  our  right?    How  can 
"We  stop  our  ears  to  the  setders?     Shall  we  not  extend  our  laws?     What  • 
<here  to  withhold  us?     Shall  wc  not  erect  our  flag,  and  take  military  pos- 
tession  if  necessary?     Shall  our  Itiws  except  British  subjects  ?     Who  will 
|;ounsel  this  upon  our  own  territory?  These  things  will  all  have  to  be  done; 
fhey  are  iticvitnile.     The  President  is,  at  least,  consistent  in  all  his  reconi- 
inendations.     You  cannot  endorse  one  without  endorsing  all. 
I    What,  then,  are  to  be  the  consequences  of  all  these  measures?     Let  ua 

ursue  them  a  Uttle  in  detail.     Your  laws  are  extended,  courts  are  estab- 

shed,  lands  are  granted,  your  flag  is  erected,  and  you  seem  to  be  in  full 


I 


posscsoiun.  AVIiiil  next?  A  murder  is  coininiucd  by  a  British  subject  within 
vour  terriloriei).  Shnll  thu  criuic  pnss  witli  iinpunitv?  No:  he  is  arraigned; 
ncplendH  to  your  jurisdiction;  you  pay  no  regard  to  his  plea,  but  try  him  and 
hang  liim.     What  then?  What  will  Kngland  say?   Again:  you  grant  land, 

Sour  citizen  lukea  {wsseflsion,  hn  leaves  it  and  settles  upon  a  better  grant;  a 
Iritish  subject  then  goes  into  poiisession;  an  ejectment  is  brought;  thu  Urilon 
pleads  to  your  jurisdiction;  your  courtn  adjudge  his  plun  invalid,  and  he  is 
turned  out  of  jKJssesaion.  What  then?  What  will  England  say  again?  The 
British  Hag  will  bo  flying  at  Astoria,  at  Vancouver,  at  Ump(|ua:  what  will 
you  do  wiih  lht!se?  Will  you  tear  these  down.,  or  will  you  let  them  float 
upon  your  soil?  I  am  not  nuich  given  to  cpiote  poetry,  but  I  am  tempted 
here  to  plagiarize  (he  poetry  of  the  gentleman  from  Alabama,  (Mr.  HiL- 
MAUi),)  ''Full  many  a  bamier  shall  be  torn;"  but  I  ^rbcar. 

Wo  are  brouglii,  then,  I  think,  sir,  legitimatJ^ly  to  the  conclusion,  that  if 
the  notice  rt'conuuended  be  given,  followed  by  the  osiiros  necessarily 
consc(|uent  upon  it,  liUgland  inust  either  fight  or  tamely  and  quietly  recede 
from  all  iIiohu  claims  that  slu;  has  so  long, so  pertinaciously,  so  solemnly,  at 
so  much  expense,  at  such  imminent  hazard,  adhered  to  and  supported  in 
the  face  of  the  civilized  world.  What  will  be  her  course?  It  certainly  re- 
quires no  prophet  to  foresee  it.  War  with  England  will  be  the  result,  or  the 
world  has  lost  its  wont.  With  some  gentlemen  who  would  give  the  notice 
and  call  it  a  peace  measure,  I  am  not  only  not  able  to  agree,  but  I  must 
confe:<s,  really,  ihat  I  do  not  understand  them.  They  are  for  the  whole  of 
"Oresron  or  none;"  they  will  be  satislied  with  nothing  less  than  the  line  of 
latitude  of  !)i°  4()',  and  they  must  have  immediate  possession.  1  believe, 
however,  it  is  their  opinion,  that  England  has  been  merely  making  preten- 
ce:^ heretofore;  that  site  has  not  been  in  earnest,  and  that  if  she  has,  that 
she  will  now,  by  the  late  discussion,  be  satisfied  of  her  error,  and  of  course, 
as  a  just,  wise,  and  magnanimous  tJovcrnment,  quietly  abandon  the  terri- 
tory; or,  at  any  rate,  that,  in  view  of  her  paramount  interests,  and  of  our 
mighty  {wwer,  she  will  come  to  the  philosophical  conclusion  to  pocket  the 
ignominy  of  a  dastardly  retreat,  and  console  herself  with  reflections  on  her 
deeds  of  renown  in  the  days  that  are  past.  My  credulity  luis  not  yet  reached 
this  point;  when  it  does,  I  shall  vote  for  the  notice,  being  exceeding  anx- 
ious, at  6o  sandl  an  expense,  to  have  the  whole  of  Oregon. 

A  gentleman  from  Alabama  (Mr.  Hii.rJAuu)  has  proposed  to  grant  the 
President  discretionary  power  to  give  the  notice  at  such  time  as  he  may 
deem  proper.  This  I  conceive  would  amount  to  little  more  than  the  abso- 
lute direction  of  the  resolution;  for  the  President,  by  his  recommendations 
and  his  whole  course  in  the  management  of  this  Oregon  question,  is  too 
deeply  pledged  to  give  the  notice  immediately,  and  without  mitigation  too, 
that  there  should  remain  any  hope  of  his  now  receding  I  doubt  too,  sir,, 
whetiier  it  be  competent  for  us  to  communicate  such  a  discretion, and  I  feel 
sure  that  the  precedent  would  be  abused.  To  any  propositions  amendatory 
of  the  resolution  tending  to  break  its  force, and  to  suggest  friendly  relations, 
and  further  negotiation,  I  shall  most  heartily  give  my  concurrence;  and  I 
will  not  say,  tliat  the  resolution  may  not  be  so  amended  that  1  may  not  vote 
for  it;  but  I  will  say,  that  I  have  no  hope  that  such  amendments  will  be. 
made,  and  that  in  my  opinion  we  will  have  to  meet  the  resolution  as  at  first 
propounded. 

Now,  sir,  if  war  will  follow  t'le  giving  of  this  notice,  the  question  arises, 
will  this  be  a  necessary  war?  Is  the  matter  in  controversy  of  sufBcient mag- 
nitude to  justify  this  extreme  measure?  Do  our  rights  to  the  territory  stand 
upon  such  a  basis  as  to  preclude  lurihcruesjoiiatiou; and cvcu further  delay.' 


scam. 


*B 


Vs. 


i 


ibjecl  wiihin 
Ih  arraigned; 
try  him  and 
grant  land. 
Her  grant;  a 
;  lh(s  Briton 
d,  and  ho  is 
again?  The 
i:  what  will 
t  I  hem  float 
nni  tempted 
,  (Mr.  HiL- 

ision ,  that  if 
necessanly 
lietly  recede 
iolcumly,  at 
supported  in 
iiertainly  rc- 
esult,  or  the 
e  the  notice 
hut  I  must 
he  whole  of 
1  die  line  of 
I  believe, 
king  preten- 
hc  has,  diat 
d  of  course, 
)n  the  terri- 
,  and  of  our 
J  pocket  the 
lions  on  her 
yet  reached 
eeding  anx- 

0  grant  the- 

1  as  he  may 
xn  the  abso- 
nnendaliona 
stion ,  is  too 
Ligation  too, 
ubt  loo,  sir,, 
1 .  and  I  feel 
amendatory 
ly  relations, 
Hice;  and  I 
lay  not  vote 
;ril3  will  be. 
)n  as  at  first 

stion  arises, 
licient  mag- 
ritory  stand 
ither  delay  i 


As  to  the  value  of  the  territory,  it  standi  very  high  in  my  esteem  in  every 
view — commercial ,  agricultural ,  and  military.  These  advantages  have ,  how- 
ever, already  been  set  in  a  light  so  strong  as  to  need  nothing  from  me  on 
that  subject.  If  my  will  were  ahtnc  consulted,  too,  I  should  not  bo  satis- 
fied witii  less  than  the  whole  of  Oregon.  I  am  not  insensible  to  that  im- 
perial ambition  which  thirsts  for  die  acquisition  of  territory,  which  would 
add  province  to  province,  and  kingdom  to  kingdom.  I  would,  if  it  were 
practicable  and  consistent  with  justice  and  safety,  exclude  Great  Britain  from  ; 
every  foot  of  territory  on  the  northwest  coast  of  America.  And  I  may  a« 
well  say,  sir,  that  in  no  event  would  I  yi.  id  any  diing  belov.'  the  forty-nmth 
parallel  of  latitude,  leaving  the  residue  of  the  country  for  compromise.  So 
far,  then,  as  die  value  of  die  counlry  is  concerned,  we  might  not  yield  it, 
even  if  war  should  Ije  necessary  to  sustain  our  rights.  But,  sir,  wlmloNc  r 
may  be  the  value  of  the  co^mlry,  if  our  tide  to  it  be  not  really  ''clear  auvt 
untjuesiionablc,"  our  course  in  regard  to  it  should  not  be  fierce  and  hn^'y,. 
There  are  sonic  rights  so  clear  and  indispuuiblc  as  that  they  cannot  br.  made 
subjects  of  negotiation,  of  compromise,  or  perhaps  even  of  cor/<;iunce. 
Such  is  now  our  title  lo  the  Missouri  teriitory;  such  is  the  tide  of  each  of 
the  States  to  the  territory  u  ahin  its  borders.  Is  such  our  title  to  the  terri- 
tory of  Oregon?  If  it  be,  then  shall  1  profHJse  no  further  delay,  no  furdier 
hesitancy.  It  may  be  deemed  not  allogeUier  patriotic  or  honorable  for  an 
American  citizen  to  (|uestion  die  validity  of  American  claims.  And,  indeed, 
a  diplomatist  or  an  advocate  may  perhaps,  in  the  prosecution  of  his  duty,, 
look  alone  for  arguments  to  susliiin  the  pretensions  of  his  principal;  but  a 
legislator  should  look  for  nothing  as  a  guide  to  his  conduct  but  trudi,  stark 
naked  trudi.  This,  in  the  long  run,  will  be  found  fully  to  satisfy  nil  the 
demands  both  of  honor  and  of  jxitriotisin.  I  beg  leave  to  quote  here  a  few 
lines  from  Vattel  on  the  Law  of  rs'ations.  ''Does  die  question,"  says  he,. 
"  relate  to  a  right  that  is  clear,  certain,  and  incontestable  ?  A  sovereign,  if 
he  possesses  suflicient  strength,  may  peremptorily  prosecute  and  defend  that 
right  without  e\fx).slng  it  to  the  doubtful  issue  of  an  arbitration.  Shall  he 
submit  to  negotiate  and  compound  for  a  thing  that  evidently  belongs  ta 
him,  and  which  is  disputed  widiout  the  least  shadow  of  justice?  Much  less 
will  he  subject  it  to  arbitration.  It  is  not  permitted,  however,  to  be  so  in- 
flexil)le  in  uncertain  and  doubtful  questions.  Who  will  dare  to  insist  that 
anodier  shall  immediately  and  without  examination  relinquish  to  him  a  dis- 
putable right?  This  would  be  a  means  of  rendering  wars  perpetual  and 
inevitable.  Both  die  contending  parties  may  be  equally  convinced  of  the 
justice  of  their  claims:  why,  therefore,  should  either  yield  to  die  other?  In 
such  a  case,  they  can  only  demand  an  examination  of  the  question ,  pro- 
pose a  conference  or  an  arbitration,  or  ofTer  to  setde  die  point  by  articles  of 
agreement."  Then,  is  our  title  lo  the  Oregon  territory,  or  any  portion  of 
it,  of  a  doubtful  character  ?  It  has  been  said,  and  said  again,  usque  ad  tuiu- 
scain,  diat  in  the  correspondence  which  has  taken  place  by  the  diplomatic 
agents  of  the  two  parlies  our  title  has  been  proved  to  be  clear  and  unques-  . 
tionable.  If  the  position  had  been  assumed  that  the  proofs  and  arguments 
preponderated  in  our  favor,  and  dial  our  title  was  the  better,  it  should  have 
met  my  cheerful  assent.  And  I  am  disposed  to  accord  ,  both  ability  and 
gratitude  lo  the  respect ive  negoiiators  who  have  represented  the  United  States, 
upon  this  question.  But  I  cannot  say,  and  I  will  not  say,  more  than  that 
i.'e  weight  of  argument  is  with  us.  1  have  no  reference  now  to  the  argu- 
iient  lo  be  derived  from  contiguity;  this  does  not  enter  into  the  question'tov' 
Mic,  but  stands  upon  its  o'.va  and  distinct  grounds,  and  will  be  considered 
Jv-Tcafier.    It  is  eaid,  however^  thai  there  is  no  such  thing  as  a  better  and 


10 

worse  title;  that  if  one  is  good,  the  other  is  not.    This  may  be  true,  but 
who  is  to  determine  which  is  that  good  title,  when  each  parly  is  equally 

f>ertinacious,  and  when  there  is  no  common  arbiter?  A  title  is  only  abso- 
utely  good  when  it  has  been  so  adjudged,  and,  becoming  res  judicata,  it  is 
not  subject  to  further  investigation,  whether  the  judgment  may  in  tnith  have 
been  right  or  wrong.     No  such  judgment  can  pass  upon  this  question. 

We  claim  by  discovery  and  by  settlement — claiming  the  discoveries  and 
settlements  of  our  own  citizens  and  those  of  Spain,  whether  made  with  or 
without  public  authority.  England  claims  also  by  discovery  and  by  settle- 
ment, and  by  treaty  with  Spain.  Now  the  first  observation  that  is  to  be 
made  in  regard  to  our  title  is,  that  we  cannot  rely  upon  both  that  arising 
from  our  own  discoveries  and  that  derived  from  Spain,  and  in  one  event  we 
shall  be  precluded  altogether  from  relying  on  the  former  «t  all .  If  our  title 
by  discovery  and  settlement  be  better  than  that  b«th  of  England  and  Spain , 
or  even  better  than  that  of  Spain,  we  may  disregard  the  Spanish  title  alto- 
gether, and  meet  England  upon'that  ground;  but  if  the  Spanish  title  be  bet- 
ter than  that  which  we  possessed  in  1818,  we  may  not  be  at  liberty  to  disre- 
gard the  Spanish  title,  for  in  that  title  England  may  have  an  interest  under 
the  Nootka  convention.  1  say  may  have  an  interest,  for  I  know  it  is  argued 
that  by  the  war  of  1796  between  England  and  Spain  this  convention  was 
annulled,  (of  which  argument  more  hereafter.)  Then,  is  our  title  derived 
through  Gray,  Lewis  and  Clarke,  John  Jacob  Astor's  settlement,  «fcc.,  bet- 
ter than  that  of  Spain?  First,  then.  Gray  entered  the  mouth  of  the  Colum- 
bia in  1792;  Heceta  had  previously  discovered  it  in  17T.5.  Gray  had  no  au- 
thority from  the  American  Government;  Heceta  acted  as  the  leader  of  an 
exploring  expedition  under  the  authority  of  Sj)ain:  neither  made  any  settle- 
ment upon  the  river.  The  Spaniards  were  then  settled  on  the  west  coast 
of  California,  and  had  been  so  settled  for  a  long  period  previously.  They 
had,  before  Gray's  discovery,  also  several  times  surveyed  this  coast  under 
Government  authority,  discovered  Nootka  Sound  aud  Norfolk  Sound,  and 
■claimed  the  whole  coast.  TIk;  Spaniards  built  a  fort  at,  Nootka  Sound  in 
May,  1789.  The  south  branches  and  part  of  the  main  river  of  the  Colum- 
bia were  explored  by  Lewis  and  Clarke,  under  authority  of  the  United 
States,  in  1806;  no  settlement  was  made  till  1811  by  the  L'nited  States  or 
its  citizens;  Astor,  a  private  citizen  of  the  United  Slates,  then  made  a  settle- 
ment at  Astoria,  and  this  was  finally  abandoned  in  1813. 

Which  is  the  better  title,  the  American  or  the  Spanish?  How  many 
points  of  doubt  arise  here  under  the  law  of  nations  ?  First.  It  is  doubtful 
whether  Gray's  discovery  can  enure  to  the  benefit  of  the  United  States,  he 
not  acting  under  Government  authority.  Second.  It  is  pretty  certain  that 
his  entering  the  mouth  of  the  river  is  not  belter  than  Heceta 's  discovery  in 
1775.  Third.  Heceta  went  by  Govermnenl  au'hority,  and  claimed  the 
whole  coast  for  his  Government;  but  it  is  doubtful  how  far  such  a  claim 
was  of  use  without  subsequent  settlement.  Fourth.  The  eirect  of  Lewis 
and  Clarke's  exploration,  without  settlement,  is  of  doubtful  import.  Fifth. 
The  settlement  of  Astoria,  and  its  subsequent  abandonment;  what  is  this 
to  avail?  Dubitatur.  Sixth.  The  Spanish  establishment  at  Nootka;  of  what 
effect  was  that  ?  It  is  not  agreed .  Then  it  cannot  be  determined  which 
is  unquestionably  the  better  title,  the  American  or  the  Spanish.  The 
Spanish  tide  seems  to  be  preferred  by  our  American  diplomatists;  not  that 
they  have  the  choice;  the  English,  though,  are  certainly  at  liberty  to 
argue  that  this  is  our  belter  title;  and,  if  the  point  is  really  a  doubtful  one, 
we  cannot  arbitrarily  assume  it  to  be  either  *he  one  way  or  the  other. 

Take  it,  theu;  that  the  Spanish  is  our  better  title,  (^aad  England  has  a 


T 


.1 


It* 


true,  but 
IS  equally 
only  abso- 
icatay  it  is 
truth  have 
ition . 
veries  and 
de  with  or 

by  settle - 

is  to  be 
at  arising 

event  we 

f  our  title 
nd  Spain, 

title  alto- 
tle  be  bet- 
y  to  disre- 
rest  under 

is  argued 
ntion  was 
le  derived 
ifcc,  bet- 
e  Colum- 
ad  no  aii- 
ider  of  an 
iny  settle- 
kvest  coast 
They 
)ast  under 
)und, and 
Sound  in 
e  Colum- 
le  United 

States  or 
e  a  settle- 

ow  many 
I  doubtful 
States,  he 
rtain  that 
:overy  in 
inied  the 
li  a  claim 
of  liewis 
.  Fifth, 
lat  is  this 
;  of  what 
ed  which 
h.  The 
not  that 
liberty  to 
itful  one, 
er. 
lud  has  a 


I 


i 

,1 


right  so  to  argue;  for  it  is,  I  say^  a  debatable  matter ,"\  then  our  title  by  our  * 
own  discoveries  is  gone;  for  England  has  an  interest  in  pcrpetuo,  derived  ' 
under  this  Spanish  title,  by  convention,  and  we  cannot  repudiate  it;  or,  if 
we  do,  England  may  set  it  uj>  as  outstanding,  and  assert  her  rights,  derived 
under  it  and  the  convention  with  Spain.  Butufwhai  l>enetitwill  itbetoEng-  ' 
lish  to  set  up  this  Spanish  title  and  the  convention  under  it?  In  that  case ,  both 
her  rights  and  our  rights  in  the  disputed  territory  must  be  settled   by  the 
proper  construction  of  the  Noolka  treaty.     It  is  said,  however,  that  the* '■ 
Nootka  convention  was  terminated  by  the  war  between  England  and  Spain  ' 
in  1796.     It  may  be  so.     But  is  it  decided,  or  is  it  still  a  ({uestion  sub  ju- 
dice?    "What  was  the  nature  of  the  convention,  and  what  says  the  law  of 
nations  in  regard  to  its  disruption  by  war?    The  burden  of  authority  upon 
the  point  lies  with  us.     Manj-  precedents  are  against  us,  if  the  treaty  gave 
Britain  a  right  of  settlement  and  usufruct  of  the  soil.     Then  the  true  con- 
struction of  the  Nootka  treaty  must  determine  whether  it  was  annulled  or 
not  by  the  subsequent  war.     And  here,  again,  we  are  at  sea  without  a 
pilot. 

But  destroy  the  Nootka  treaty,  and  then  we  fall  back  upon  a  set  of  con- 
ilicting  and  confused  accounts  of  voyages  and  di.-^overies,  with   inquiries 
into  the  effect  of  eacli.     We  .ill  back  upon  Spain',  claim  under  the  Pope; 
of  England's  claim  under  Sir  Francis  Drake,  Cook, 'and   Meares;  and 
Vancouver  on  the  one  side,  and  Perez,  and  Heccta.  and  Martinez,  on  the 
other;  all  proving  but  little,  perhaps,  to  a  cool  and  impartial  mind.     But 
suppose  the  Noolka  treaty  still  to  be  in  force,  it  is  argued  by   those  who 
support  our  title  as  unquestionable,  that  EngiamI  dcri.ed  under  it  no  right 
of  settlement  below  Nootka  Sound;  and  tlial.  by  her  own  agreement,  she 
can  now  claim  no  right  of  joint  occupation,  except  by  our  convention  of 
1818.     Let  us  remark  here,  that  when  we  once  admit  the  Nootka  conven- 
tion to  be  still  in  force,  we  have  waived,  then,  all  title  from  discovery  by 
Spain,  so  far  as  her  rights  were  waived  by  thi> agreement.     What,  then,  is 
the  true  construction  of  the  Nootka  treaty?    The  text  of  that   convention 
certainly  gives  to  England  ihe  right  of  settlement  north  of  Nootka  Sound, 
and  within  the  parallels,  therefore,  of  42°  and  54^  40'.     But  it  is  insisted 
that  she  could  not  settle  below  the  parallel  of  Nootka.     How  is  this? 
What  says  the  agreement?     The  first  article  says:  "The  buildings  and 
tracts  of  land  situate  on  the   northwest  coast  of  the  continei      of  North 
America,  or  on  the  islands  adjacent  to  that  continent,  of  which  the  subjects 
of  his  Britannic  Majesty  .vere  dispossessed  about  the  month  of  April,  1789, 
by  a  Spanish  oilicer,  shall  I )c  restored  lo  the  said  British  sul)j«cts."     Here 
is  an  admission  on  the  pi 't  of  Spain  that  England  had 
on  the  noithwest  coast,  and  an  agreenient  to  restore  the 
this  fact  Spain  is  thenceforward  estopped  froui  denying, 
the  fact  was  that  gave  rise  to  the  convention — whether  it  were  a  seizure  on 
the  part  of  Spain  of  real  or  personal  properly  claimed  by  Meares,  or  other 
■cause — yet,  the  words  of  the  agreement  being   plain   and  unambiguous, 
reference  camtot  be  had  to  any  preamble,  or  the  previous  circumstances  for 
their  explication.     The  third  section  of  the  convention,  looking  to  the  pre- 
vention of  future  collision  between  England  and  Spain,  in  carrying  on 
their  fisheries  vju  the  northwest  coast,  or  in  '"making  settlements  there," 
subjects  itself  to  three  other  provisions  which  follow  it,  and  of  which  tlie 
fifth  article,  and  only  one  niaterial  now  to  be  considered,  is  as  follows,  viz: 
"As  well  in  the  places  which  are  to  be  restored  to  the  British  subjects  by 
virtue  of  the  first  article,  as  in  all  other  parts  of  the  northwestern  coasts  of 
]\orth  America;  or  of  the  islaads  adjacent;  situate  to  the  north  of  the  parts 


made  seUlcments 

lands  settled,  and 

No  matter  how 


12 

of  said  coast  already  occupied  by  Spain,  wherever  the  subjects  of  either  of 
the  two  powers  shall  have  made  seuleuieius  since  the  month  of  April,  1789, 
or  shall  hereafter  make  any,  the  subjecte  of  the  other  shall  have  free  access,, 
and  shall  carry  on  their  trade  without  any  dttturbance  or  molestation."  It 
is  insisted  that,  by  this  article,  no  right  vas  refained  by  England,  or  given 
to  her  of  settlement  south  of  Nootka  Sound;  that  Nootka  Sound,  at  the 
conclusion  of  this  convention  in  1790,  was  in  actual  occupation  by  Spain; 
and  that  the  words,  "situated  to  the  north  of  the  parts  of  said  coast,  already 
occupied  by  Spain ,"  relate  to  Nootka  Sound,  b  this  construction  tena- 
ble ?  Is  it  even  plausible  ?  The  lands  at  Nootka  were  the  very  lands  to 
be  restored  to  a  subject  of  Great  Britain;  tJi*-ir  occupation  by  the  Spaniard 
was  regarded  as  wrongful  ab  initio;  that  occupation  was  about  immediately 
to  be  terminated  and  all  traces  of  it  erased,  and  the  privilege  alone  of 
trading  to  the  point  was  retained  by  Spain.  Was  this  then  considered  a 
point  already  occupied  by  Spain?  Again,  Iiow  would  this  fifth  article  have 
read,  had  Nootka  been  intended  as  a  point  already  occupied  by  Spain,, 
thus:  "As  well  in  the  places  which  are  to  be  restored  by  virtue  of  the  first 
article,  as  in  all  other  parts  of  the  northweaeni  coasts  of  North  America,, 
or  of  the  islands  adjacent,  situate  to  the  nonli  of  the  parts  of  said  coast  so 
to  be  restored,  or  to  the  north  of  Nootka  Sound,"  A:c. 

Besides  this,  from  the  subsequent  part  of  tlie  article,  it  is  clear  that  the 
words  "already  occupied"  refer  to  an  oooipcuion  previous  to  April,  1789, 
when  the  Spaniards  had  not  occupied  Nootka,  and  had  no  settlement  above 
42°.  The  construction,  then,  contended  for  above  cannot  be  sustained 
from  the  text  of  the  Nootka  convention.  It  k,  however,  contended  that 
England  did  not,  in  fact,  remove  Spain  from  Nootka;  that  the  contempo- 
raneous construction  of  the  treaty  by  Mr.  Fox  and  others  was  in  favor  only 
of  Britain's  right  to  settlement  nortii  of  Nootka  Sound;  and  that  this  view 
lias  also  been  countenanced  by  Briti^^h  hii^torian?.  It  would  not  be  ditficult,. 
I  think,  to  show  that  there  is  no  force  in  tliese  objections  to  the  British  con- 
struction. That  she  did  not  remove  Spain,  in  fart,  is  not  material,  as  she 
at  any  time  confessedly  had  the  right  to  do  so.  and  was  prevented  from  so 
doing  alone  by  distance  and  the  want  of  importance  in  the  object,  Spain 
not  insisting  on  her  right  to  retain  posseesion.  Tlie  contemporaneous  con- 
struction, it  is  submitted,  was  not,  as  contended  for  by  the  gentleman  from 
Indiana,  (Mr.  Owen,)  the  rhetorical  flouni^b  of  Mr.  Fox  (one  who,  as 
leader  of  the  Opposition ,  was  disparaging  the  treaty)  to  the  contrary  not- 
withstanding. Time,  however,  would  fail  me  to  take  up  seriatim  the 
various  quotations  from  English  statesmen  and  authors,  nor  do  I  deem  it 
material;  for  what  would  be  the  result?  At  best,  for  the  opponents  of  the 
present  British  construction,  that  the  fifth  aiiicle  of  the  Nootka  conventioa 
is  of  doubtful  meaning. 

The  result,  then,  with  me,  of  the  exaniinalion  of  our  tide  to  the  Oregon 
territory  is,  that  it  is  not  "clear  and  unque<9Uorialjile."  I  have  not  examined,, 
nor  do  I  intend  to  examine,  how  much  ^Maiter  it  may  be  to  the  49th  parallel 
than  to  the  parallel  of  .54°  40',  thougli  I  do  think  it  better  to  the  former  than 
the  latter;  and,  indeed,  if  the  line  of  49"^  was  really  marked  by  the  treaty 
of  Utrecht — of  which,  however,  I  have  no  sufficient  evidence — we  migiit 
claim  with  certainty  to  19°,  and  could  not  f»  beyond  it.  The  questioning 
our  title  to  any  part  of  this  territory  is  certainly  no  {>lea3ing  task  to  me,  un- 
willing, as  I  am,  to  yield  any  portion  of  the  terrisoiry  ,  and  determined,  as  1 
am,  never,  at  any  hazard,  to  yield  anyiliiiis^  Wlmv  the  49ih  degree  of  nortii 
latitude.  But,  sir,  it  will  not  do  for  us,  as  ttates'tufn,  to  i^lmt  our  eyes  to 
tlie  tmtb,  aiid  to  coutcut  ourselves  wiili  gnii^  exprecaiou  lu  our  wi3Uc4 


I 


qui, 


« 


f  either  of 
pril,1789, 
ree  access,, 
tion."  k 
I ,  or  given 

nd ,  at  the 
by  Spain  J 
st,aheady 
tioii  tena- 
Y  lauds  to 
!  Spaniard 
mediately 

alone  of 
isidered  a 
rticle  have 
by  Spain,, 
)f  the  first 
America,, 
d  coast  so 

r  that  the 
ril,  1789, 
ent  above 

sustained 
luled  that 
;ontempo- 
avor  only 
this  view 
5  difficult,, 
ritish  con- 
al ,  as  she 
1  from  so 
'i,  Spain 
eous  con- 
nan  from 

who,  as 
Irary  not- 
utiiii  the 
[  deem  it 
its  of  the 
invention 

3  Oregon- 
:amined,, 
I  parallel 
ner  than 
lie  treaty 
re  miglit 
jstioning 
me,  uu- 
led ,  us  1 
of  iiorlii 
eyes  to 
•  wishcu 


13 

against  our  .onvictions.  With  the  highest  praise  to  our  Secretary  oi  State, 
Mr.  Buchanan,  for  his  argument  of  this  question,  I  must  say  that  it  would 
have  pleas«jd  me  better  if  he  had  thought  proper  to  sustain  some  of  his 
assumptions,  in  r^rd  to  the  law  of  nations,  by  reference  to  some  of  those 
great  luminaries  who  have,  in  latter  times,  shed  so  much  light  upon  the 
great  law  of  nature  and  of  nations.  Decisions  of  Mansfield,  or  Eldon,  or 
S«owell,»or  Marshall,  or  Kent;  dicta  of  Puffendorf,  or  Vaftel,  or  Burlama- 
qui,  or  Story,  or  Wheaton,  would  certainly  not  have  been  out  of  place, 
even  in  a  correspondence  so  dignified  as  that  between  the  diplomatists  of 
two  great  people .  I  shall  not  here  repeat  the  points  of  international  law 
Avhich  remain  unsettled,  bearing  upon  this  great  controversy;  they  appear 
sufficiently  in  what  I  have  already  said.  We  should  recollect  that  the 
civilized  world  is  a  witness  to  all  the  transactions  and  arguments  in  regard 
to  this  territory  and  its  title,  and  that  criticism  must  come  upon  every  un- 
authorized assumption.  Is  it  not  as  well  for  us  now  to  look  everything 
boldly  in  the  face ,  and  be  assured ,  before  we  resort  to  extreme  measures, 
as  far  as  we  may  be,  that  we  stand  upon  impregnable  grounds  ?  That  I 
may  not  be  misunderi>too<i ,  I  state  it  as  my  opinion  that,  upon  most  of  the 
doubtful  points  above  suggested,  the  better  opinion  is  with  the  American 
title;  and  that  upon  that  title,  if  notliing  better  can  be  done,  there  being  no 
common  arbiter,  we  should  fight. 

I  take  the  ground,  however,  sir,  that,  independent  of  present  title,  we 
have  a  right  lo  take  a  portion  of  this  territory,  such  as  our  exigencies  as  a 
people  and  a  Government  may  demand.  1  call  it,  however,  a  right  neither 
by  contiguity,  nor  continuity,  nor  yet  by  manifest  destiny.  It  is  a  right  sug- 
gested and  sustained  by  tlie  fitness  of  things,  and  our  necessities  as  a  great 
and  growing  nation.  It  is  a  right  not  confined  by  parallels  of  latitude,  or 
by  very  clear  and  definite  boundaries;  but  it  is  nevertheless  a  clear  and  in- 
extinguishable right.  Continuity,  it  is  said,  would  give  Great  Britain  the 
right  to  follow  the  49ih  parallel;  contiguity  would  do  the  same.  I  utterly 
deny  these  positions,  as  founded  in  no  law,  either  of  Nature  or  of  Nations. 

The  corpus  of  our  Government  and  people  is  here  on  the  North  American 
continent;  the  extension  of  our  people  and  territory  in  some  directions  is 
matter  of  necessity  and  not  of  choice;  the  proper  enjoyment  and  mainte- 
nance of  what  we  have  demands  the  occupation  of  something  more,  some- 
times in  reference  to  present  exigencies,  and  sometimes  in  reference  to  future, 
contingencies.  The  posseasion — the  exclusive  possession  of  the  Oregon  ter- 
ritory— is  one  of  those  necessities  which  time  and  circumstances  have  brought 
about.  Bu»  this  necessity  does  not  demand  the  immediate  exclusive  pos- 
session of  the  territory ,  and ,  therefore ,  does  not  now  demand  a  war  to  sustain 
our  claim.  That  I  do  not  here  enter  into  a  fuller  development  of  my 
views  in  regard  to  this  position,  depends  not  upon  my  will,  but  upon  the 
want  of  time  to  do  so:  this  question  I  am  ready  to  argue  when  and  where 
I  may  find  an  opponent.  With  England  no  such  necessity  exists;  the  cor- 
pus of  her  Government  and  people  exist  in  another  hemisphere.  With  her 
the  acquisition  of  the  territory  is  merely  matter  of  convenience  and  choice, 
and  not  of  nece&sity.     Her  colonial  possessions  even  do  not  demand  it. 

The  exercise  of  a  right  of  the  above  description  is  certainly  to  be  made 
with  great  circumspection  and  after  due  deliberation ;  but  that  it  may  be  ex- 
ercised in  a  proper  caae  is,  in  my  opinion,  clear  from  the  greatest  of  all 
laws — the  law  of  nature  'le  law  of  self-preservation.  And,  in  the  exercise 
of  the  right,  so  much  teri..i>t'y  may  be  taken  as  will  provide  against  all  future 
probable  contingencies. 

Upon  the  state  of  the  case^  then,  as  above  developed,  I  am  of  opinion 


14 


that  England  is  in  earnest  in  her  claim;  a  claim  which  is  mconsistent  with 
our  immediate  exclusive  possession  of  the  whole  territory,  and  that  if  pressed 
DOW  by  the  notice,  and  the  measures  inevitably  consequent  upon  it.  she  will 
resist  by  war.  I  am  further  of  opinion  that  our  claim  by  title  and  by  neces- 
sity is  not  such  as  to  make  it  necessary  or  proper,  either  for  the  sake  of  our 
interest  or  our  dignity,  that  we  should  have  immediate  exclusive  possession 
of  the  country.  » 

These  conclusions  are  certainly  not  influenced  by  any  kind  feelings  in  my 
breast  towards  Great  Britain.  Her  rapacity  I  not  only  admit,  but  I  assert 
it.  I  know  much  of  her  history,  both  internal  and  external — of  her  foreign 
aggressions,  of  her  domestic  oppression ;  and,  without  descending  to  ordinary 
abuse,  I  say,  deliberately,  though  there  may  be  found  among  other  nations 
individual  cases  of  national  crime  of  a  more  glaring  enormity,  yet  that,  for  per- 
vading, systematic,  organized,  long-continued,  persevering  oppression,  at 
home  and  abroad,  England  stands  without  a  parallel  among  the  nations; 
that,  so  long  as  history  shall  endure,  her  jails,  her  penitentiaries,  her  penal 
code  and  penal  colonies,  her  oppressed  manufacturing  population,  her  ruined 
rural  population ,  her  poor-houses,  her  almshouses,  will  remain  as  monu- 
ments of  her  pertinacious  and  inexorable  disregard  of  the  real  welfare  of  the 
human  species.  My  hostility  is  directed,  not  however  against  her  wretched 
and  trodden-down  people.  Pity  for  them  is  all  that  can  arise  in  the  human 
bosom.  But  against  that  mystery  of  iniquity,  which ,  under  hy{X)critical 
pretences,  by  a  subde  but  unseen  power,  weighs  down  the  poor  and  exalts 
itself;  against  that  small  but  formidable  band  which,  leagued  together  by  a 
common  bond  of  interest,  and  balanced  with  infernal  ingenuity  for  power ^ 
sways  the  destiny  of  half  the  nations,  and  proudly  tramples  upon  its  own, 
my  abhorrence  and  detestation  are  alike  determined  and  inextinguishable. 
But  I  am  not  yet  ready  to  sacrifice  my  country  or  my  country's  interests  at 
the  shrine  of  my  hostility. 

Some  considerations  have  been  suggested ,  which  may  be  entitled  to  a 
passing  notice,  requiring  our  immediate  action,  even  though  our  title  may 
not  be  clear  and  unquestionable;  that  England  is  settling  and  will  settle  the 
country,  and  thereby  present  new  difficulties  in  the  way  of  a  future  ad- 
justment of  the  question.  Now,  this  bugbear  might  have  been  presented 
twenty  years  ago  with  some  appearance  of  plausiblity,  before  the  tide  of  em- 
igration from  the  Slates  set  in  that  direction .  Does  any  man  really  believe 
that  England  can  compete  with  us  in  the  process  of  settlement?  She  has 
never  settled  India;  she  never  \nll.  Her  object  every  where  is  markets; 
her  existence  depends  upon  the^e.  Forts  and  trading-houses,  with  their 
necessary  appurtenances,  are  all  that  her  Government  can  compass — it  can- 
not control  emigration.  We  cannot  restrain  emigration.  And  who  are 
those  that  emigrate  with  us,  and  who  are  they  that  emigrate  from  Britain  ? 
Our  pioneers,  the  vanguard  of  civilization,  against  the  ignorant  and  helpless 
refuge  of  their  over-burdened  population  :  our  people,  ready  to  submit  to 
laws,  and  able  to  make  them  when  necessity  demands;  tneirs,  knowing 
neither  how  to  submit  nor  govern.  The  parallel  need  not  be  pursued;  nor 
do  I  think  the  argument  can  be  seriously  insisted  on  in  the  face  of  what  has 
been  already  done,  and  what  is  now  doing,  by  our  citizens  in  the  way  of 
emigration.  If  necessary,  guaranties  might  be  given  by  our  (government  to 
8etder3,  proviiieil  they  should  fall  within  our  fcrritory  upon  a  definite  settle- 
ment of  the  boundary,  that  their  lands  should  be  given  to  them.  To  this  I 
should  have  no  objection ,  and  it  vvould  ensure  emigration  at  least  to  the  49lh 
parallel . 


It  is  I 


notice 


u 


leistent  with 
at  if  pressed 
I  it.  she  will 
1(1  by  nfcces- 
sake  of  our 
i  possession 

f 
jlings  in  my 
but  I  assert 
■  her  foreign 
'  to  ordinary 
ther  nations 
that,  for  per- 
ipression,  at 
the  nations; 
3,  her  penal 
,  her  ruined 
n  as  nionu- 
elfare  of  the 
er  wretched 
the  human 
hy|X)critical 
r  and  exalts 
)gelher  by  a 
/  for  power, 
)on  its  own , 
nguishable . 
i  interests  at 

sntitled  to  a 
ur  title  may 
ill  settle  the 

future  ad- 
n  presented 
tide  of  em- 
ally  believe 
She  has 
is  markets; 

with  their 
DISS — it  can- 
id  who  are 
m  Britain  ? 
nd  helpless 

submit  to 

,  knowing 
nsued;  nor 
uf  what  has 
the  way  of 

eminent  to 

iuitc  seltle- 

To  Uiis  I 

to  the  4^.)lh 


It  is  said  that  we  have  always  been  cheated  in  negotiation ,  and  that  Bri- 
tain is  slyly  bettering  her  claim  by  prescription.  The  former  position  I  sim- 
ply deny;  and  to  the  latter  I  answer,  that  prescription  is  not  predicable  of. a 
territory  submitted  to  a  definitive  agreement  like  that  of  1818. 

Those  who  are  disposed,  like  myself,  to  suspend  giving  the  notice,  if  it 
must  be  given,  until  we  shall  have  acquired  foothold  in  the  territory  suffi- 
cient to  retain  it  in  case  of  a  war,  and  thereby  induce  England  quietly  to- 
yield  her  claim ,  are  charged  with  a  want  of  magnanimity ,  with  a  disposition 
surreptitiously  to  obtain  that  which  they  are  not  bold  enough  to  demand. 
Now,  this  is  a  mere  ebuUilion  of  ill-temper;  for  England  never  has  been 
deceived  in  regard  to  cur  claim ,  nor  cfin  she  be  in  regard  to  our  purposes  in 
settling  the  country.  When  the  convention  of  1818  was  entered  into,  did 
she  expect  that  all  those  who  should  be  settled  in  the  territory  at  the  termi- 
nation of  that  agreement  should  remove  out  of  it,  and  a  fair  race  take  place 
to  see  who  should  get  first  in  again  ?  Are  not  our  purposes  now  here  avow- 
ed, and  may  not  some  of  these  avowals  reach  across  the  great  waters  ?  But 
it  is  said,  with  this  professed  intent,  will  England  lie  still ?  Will  she  not 
give  the  notice,  and  demand  an  inmiediate  and  definitive  settlement?  Let 
her,  but  let  us,  not  precipitate  the  diificully  by  taking  the  initiative.  But 
England  will  not  give  the  notice.  She  will  ask  no  categorical  answer  :  she 
would  rejoice  to-day  tliat  siie  had  never  set  up  a  claim  to  Oregon  :  she 
knows  well  her  difficult  position.  Ireland,  her  own  starving  population > 
her  enormous  debt,  her  dependance  on  us  for  a  market,  all  warn  her  against 
active  measures  on  her  part  to  bring  this  question  to  a  decisive  issue.  These 
would  be  all-powerfid  reasons  against  her  taking  a  step  in  advance.  True, 
when  we  propose  conferences,  she  cakmot  avoid  them ;  when  we  give  her 
notice,  she  cannot  avoid  taking  notice  of  it.  She  cannot,  consistently  with 
her  interest,  perhaps  even  with  her  existence,  be  driven,  in  the  face  of  Eu- 
rope ,  abruptly  and  ignominiously  from  the  soil ;  but  she  may  suflTer  it  quiet- 
ly and  without  affi-ont  really  to  slide  out  of  her  possession.  This,  then,  is 
our  policy;  let  the  matter  alone.  Neither  arbitrate  nor  compromise.  I 
would  not  moke  an  arbitrator  of  any  crowned  head  in  Europe,  nor  yet  of 
crazy  Mexico ,  or  the  miserable  abortions  of  South  America.  No  private 
citizen,  no  public  college  could  be  foimd  sufficiently  divested  of  partiality  ta 
suit  me  for  an  ar'  '  -vtor.  I  should  not  know  the  infiuences  that  might  be 
brought  to  bear  to  arfect  the  decision  ;  besides,  I  want  all  of  Oregon  ;  if  we 
arbitrate  we  will  be  certain  to  lose  a  portion  of  it,  and  compromise  implies  a 
loss  of  part  of  it.  If  we  fight  we  may  still  have  to  negotiate,  and  lose  a  por- 
tion of  it  after  a  long  and  bloody  war  ;  if  we  rest  upon  our  anns,  it  will  all 
slide  quiedy  into  our  possession.  I  would  to  God  that  others  could  see  this 
question  as  I  do  ;  that  they  would  appeal  to  their  knowledge  of  the  English 
people  and  the  English  Government ;  that  they  would  redect  diat  a  pressure 
upon  her  at  the  present  moment  must  produce  a  war,  a  war  of  desperation 
in  defence  of  that  dignity  and  of  that  ancient  renown  upon  which  she  main- 
tains her  station  among  the  family  of  nations.  Tcmpus  vuiximus  innova- 
tor.    Let  Time  do  his  own  work  ;  let  us  not  mount  his  car. 

But  our  honor  demanils  inunediale  and  vigorous  action.  Our  honor  has 
been  very  suddenly  awaked.  Has  it  skuubered  since  1818,  and  now  does 
it  come  forward,  and,  like  a  molocli,  demand  its  sacrifice  ?  What  is  the 
honor  of  a  nation  ?  It  is  nothing,  afid  can  be  nothing,  inconsistent  with  its 
true  interest.  Will  any  body  believe  us  a  nation  of  cowards  if  we  refrani 
from  giving  tliis  notice  ?  Is  the  world  agrfeed  that  our  right  to  Oregon ,  and 
the  whole  of  Oregon,  is  clear  and  unquestionable,  and  that  it  is  a  withering 
shame  that  we  permit  Britain  to  hold  a  foot  of  its  soil  ?    I  have  not  so  read 


.16 

the  world's  opinion.  There  are  great  doubts  about  our  title  every  where 
but  at  home.  Individuals  may  jeopard  their  lives  and  limbs  whenever,  in 
their  fantastic  whinisie?,  they  may  think  proper  ;  not  that  it  is  right — but 
who  shall  whhhold  them  ?  Nations  must  act  with  more  deliberate  purpose. 
A  nation  may  fight  against  the  establishment  of  a  precedent,  and  justly  too, 
and  upon  a  comprehensive  view  of  her  true  interests.  But  this  is  no  tea 
tax;  it  is  no  impressment  of  our  seamen,  nor  systematic  vexatious  disturb- 
ance of  our  commerce.  And  is  not  our  reputation  well  established?  Are 
we  not  known  every  where  to  be  sufficiently  jealous,  if  not  even  captious, 
about  our  rights  ?  Are  we  thought  to  be  among  the  smaller  Powers,  whom 
it  would  be  safe  to  affront,  or  to  attempt  to  trample  on  ?  Fy,  upon  this  fret- 
ful temper !  Our  true  dignity  consists  in  our  being  able  to  wait  composedly 
and  bide  our  time.  There  is  a  question,  however,  speculative  raUier  than 
practical,  as  it  does  not  apply  perhaps  to  the  present  case,  upon  this  matter 
of  national  honor.  The  question  is — How  far  is  the  nation  bound,  at  all 
events,  to  sustain  a  course  which  may  have  been  taken  by  the  President 
with  a  foreign  nation,  however  wilful,  imprudent,  or  arrogant?  The  day 
may  come  when  such  a  question  will  have  to  be  determined;  and  then  1 
should  be  ready  at  all  hazard?  to  sustain  my  country  against  tlie  wayward- 
ness of  its  temporary  representative.  Timidity  may  be  imputed  to  me  for 
opposing  this  notice,  and  if  it  be,  I  freely  acknowledge  my  fear — not  of  the 
enemy — but  my  fear  to  do  wrong,  my  fear  of  plunging  my  country  into  un- 
necessary war.  Sectional  feelings  seem  somehow  to  have  got  into  this  de- 
bate; we  hear  much  of  the  South  and  the  North  and  the  West.  No  such 
feelings  have  entered  into  my  mind;  I  live  in  a  Slate  which  has  no  frontier; 
which  has  no  cities  to  be  battered  down  or  to  be  given  up  to  storm ;  no  fields 
that  could  be  ravaged,  no  commerce  that  could  be  plundered;  but  it  has 
many  a  gallant  son,  whose  blood  would  be  poured  out  like  water,  and  whose 
bones  might  bleach  many  a  desert  battlefield.  The  sectional  interest  of  my 
Stale  is  perhaps  less  than  that  of  any  other  in  the  question;  but  I  have  been 
accustomed  to  look  upon  (he  Union  as  a  whole,  and  to  feel  that  the  wound 
inflicted  upon  a  single  limb  was  a  source  of  pain  to  the  whole  body;  and  so 
deep  an  interest  do  I  feel  in  this  question,  that,  could  I  believe  my  constitu- 
ents so  ill-advised,  so  reckless  of  their  true  interests,  as  to  favor  this  most 
useless,  most  unnecessary,  most  sinful,  and  in  my  opinion  wicked  war,  I 
would,  at  (he  hazard  of  any  personal  sacrifice,  stand  in  the  breach  and  save 
them  from  themselves. 

At  last,  sir,  what  should  we  gain  by  a  war?  We  might  seize  Canada; 
we  might  even  look  at  the  frozen  deserts  of  Labrador;  we  shoul'  xol  gain 
Oregon:  that  we  will  have  with  a  war;  that  we  will  have  widiout  a  war. 
And  who  desires  to  annex  Canada?  I  think  in  getting  it  we  should  gain  a 
loss,  and  (hat  in  being  relieved  of  it  England  would  make  a  gain.  Much 
might  be  said  upon  these  two  propositions,  but  I  forbear. 

I  have  thus  endeavored  to  embrace  the  main  jwints  presented  by  the  ques- 
tion before  the  House.  Many  other  I'^ings  have  been  said,  which  might 
be  noticed,  but  they  all  perhaps  resolve  themselves  into  some  one  of  the 
propositions  that  have  been  already  considered. 

[The  whole  of  the  above  remarks  were  not  made  in  the  House,  Mr.  Ew- 
«NG  having  been  prevented  from  their  delivery  by  the  expiration  of  hia  hour.] 


•« 


;  every  where 
whenever,  in 
is  right — but 
irate  purpose, 
nd  justly  too, 
this  is  no  tea 
tioua  disturb- 
lislied '!    Are 
v^en  captious, 
5\vers,whom 
pon  this  fret- 
t  composedly 
5  rather  than 
n  this  matter 
bound ,  at  all 
he  President 
.?    The  day 
;  and  then  1 
le  way  ward- 
ed to  me  for 
■ — not  of  the 
ntry  into  un- 
into  this  de- 
it.     No  such 
3  no  frontier; 
rm ;  no  fields 
I;  but  it  has 
r,and  whose 
iferest  of  my 
I  have  been 
t  the  wound 
ody;  and  so 
my  constitu- 
3r  diis  most 
eked  war,  I 
ich  and  save 


ze  Canada; 
d'  lot^mVi 
lioul  a  war , 
lould  gain  a 
ain.     Much 


by  the  ques- 
hich  might 
one  of  the 


e,Mr.  Ew- 
f  hia  hour.] 


